The Court condoned an 89-day delay in filing the written statement, holding that the delay was not willful and sufficient cause was shown. The application for condonation was allowed, and the written statement was taken on record.
Delay in filing written statement condoned; written statement taken on record.
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A.No.6809 of 2023
Application No.6809 of 2023 in C.S.(Comm.Div.)No.166 of 2023
ABDUL QUDDHOSE, J.
This application has been filed seeking to condone the delay of 89 days in filing the written statement.
applicant/defendant has stated that only due to the fact that an amendment application was earlier filed by the plaintiff, which was opposed by the defendant, there was a delay in filing the written statement. According to the applicant/defendant, the delay is neither willful nor wanton, but, solely due to the reasons contained in the affidavit filed in support of this application.
respondent/plaintiff, opposing the allowing of this application, as, according to them, the delay is beyond the maximum period of 120 days to file the written statement. According to them, the delay is not 89 days,
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A.No.6809 of 2023
as disclosed in the affidavit filed in support of this application and is
much more than that.
before this Court a Memo of Calculation dated 02.02.2024 and is re-
produced hereunder:-
Summons served on the sole defendant - 14.07.2023 Last date for filing written statement - 13.08.2023
Application No.6809 of 2023 to condone the delay of 89 days in
filing the written statement.
August 2023 - 18 days (14.08.2023 to 31.08.2023) September 2023 - 30 days October 2023 - 31 days November 2023 - 10 days Totally – 89 days
reiterate that the delay is more than 89 days and therefore, since the delay
is beyond the maximum period of 120 days, the delay cannot be condoned by this Court.
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A.No.6809 of 2023
02.02.2024 filed by the learned counsel for the applicant/defendant, which has been extracted supra, this Court is convinced that the delay in filing the written statement by the defendant is only 89 days and sufficient cause has also been shown by the applicant/defendant for condoning the delay, as they have stated that only due to the filing of amendment application by the plaintiff, which has been opposed by the defendant, there was a delay in filing the written statement.
02.02.2024
rkm
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A.No.6809 of 2023
ABDUL QUDDHOSE, J.
rkm
Application No.6809 of 2023 in C.S.(Comm.Div.)No.166 of 2023
02.02.2024
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1 issue framed by the court
Whether sufficient cause exists to condone a 89-day delay in filing the written statement?
applicant/defendant
respondent/plaintiff
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
